Visas and Employment

The first business day of April opens the H1-B visa application window. Each year, 65,000 H visas are awarded in a lottery.

H-1B Visas are available to people in “specialty occupations.” Here are a few questions to consider:

1. Do you have a university degree?
2. Do most people in your field in the US have university degrees?
3. If you lack a degree, do you have several years of work experience in your field?
4. Do you have an employer in the US willing to hire you?
5. Does the job pay as much as similarly employed American workers?
6. Does the employer typically only hire people with university degrees for the job?
7. Does the employer guarantee that they will have continuous work available to you?
8. If the occupation requires a license, do you have the necessary license?
9. Will the employer actually control your day to day employment or will another entity?

You must have an employer sponsor, meet the screening criteria and be selected before the visa lottery is filled. Current law limits to the number of visas (“the cap”.)

The government exempts up to 20,000 foreign nationals holding a master’s or higher degrees from U.S. universities. If you are an applicant who has a master’s degree from a U.S. university, this may speed up the process, depending on the number of applicants.

Every year, the number of applicants for visas exceeds the number of visas available.

Do you have a question about your visa status?Dena Wurman has helped clients navigate the complicated federal U.S. immigration system. Through her efforts, new immigrants are awarded visas, green cards and U.S. citizenship.